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1976 07 19 I I I REGULAR ŒANHASSEN CITY COUNCIL MEETING JULY 19, 1976 Mayor Klingelhutz called the meeting to order at 8:00 p.m. with the following members present: CounciJmen Hobbs, Shulstad, and Kurvers. Councilman Neveaux was absent. The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the agenda as presented with the addition of discussion on Nest 78th street, Cathcart Cartway, Post Office, and Hanus Conditional Use Permit. The following voted in favor: Mayor Klingelhutz, CouncilIœn Hobbs, Shulstad, and Kurvers. No negative votes. Motion carried. MINU'IES: A rrotion was made by Councilman Hobbs and seconded by Councilman Shulstad to table approval of the July 12, 1976, Council minutes until the next regular meeting. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. .MJtion carried. BILLS: A motion was made by Councilman Hobbs and seconded by Councilman Shulstad to approve the bills with the stipulation that the bills under Minnewashta Waterway for Volk Trucking, Jim Brown Sod, and Bryan Rock Products in the arrount of $132.19 be charged against Project 71-1. The following voted in favor: Mayor Klingelhutz, Counci:!Jren Hobbs, Shulstad, and Kurvers. No negative votes. .r-btion carried. ANIMAL CONTROL FINE SCHEpuLE: RESOLUTION #76-45: Councilman Hobbs rroved the adoption of a resolution establishing an animal control violation bureau and adding to Section 1, subsection (a) - the City Clerk shall notify the said owner by letter that unless the fine, in accordance with the schedule hereinafter setforth, is paid within seven days of the receipt of said letter a forrna.l corrplaint in county court on said violation will be issued. First Offense - $15.00 Second Offense - $25.00 Third Offense - $35.00 Fourth Offense - $45.00 Resolution seconded by Councilman Shulstad. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. LIQUOR LICENSE TRANSFER - JERRY'S OLD WEST BAR: John Cairns, Ann Koltyk, and Keith Shodeen were present. The City Attorney stated the city is still short the applications for retail on sale intoxicating liquor and also retail on sale non-intoxicating liquor. These will be suhnitted to the City Attorney on July 20, 1976. City Staff reccmnended that if the Council determines to review the liquor license that, 1. The applicant corrplete items 1-4 and 6-11 as noted in the City Attorney's letter of July 6,1976. The Administrator has received a letter from Mr. Cairns stating they have answered the questions as presented or are in the process of corrpleting those. 2. The city receives a favorable recomnendation from the police department concerning the background check on the proposed manager of the facility. The Administrator has received the background check and it is favorable. 3. The city receives a $4,000 cash escrow to pay city costs associated with the parking lot plan as previously prepared by the city and the city costs associated with review of plans and specifications, attorney and adrninistrati ve fees, associated with the parking lot plan as presented by Ann Koltyk and Harry Pauly. 4. A performance bond to pay engineering and construction costs of the parking lot as presented by Ann Koltyk and Harry Pauly be posted with the city. 5. Mr. Kallestad agrees that parking lot improvements are required to be completed as a part of the city's allowance of the liquor license transfers; and, that if the parking proposal as presented by Ann Koltyk and Harry Pauly is found to be City Council Meeting July 19, 1976 -2- unacceptable and is not constructed, such will not relieve Mr. Kallestad from providing parking lot inprovements on his property. Further, to insure parking lot improvements are completed on the Kallestad property, the city council may I place whatever conditions are deemed necessary, at the time of license renewal, to insure that such inprovernents are completed. 6. The applicant agree to the above conditions in writing. The City Attorney stated that the applicant has complied with all of the conditions of his letter except number 5 relating to the parking lot. The City Attorney has received an amendment to the purchase agreement which establishes that the applicant is buying a tract of land 60 x 351 feet. The City Attorney read a portion of a letter from John Cairns. "With respect in particular to number 5 of Mr. Ash"-Drth' s report there is no question but what Mr. Kallestad will agree to provide additional parking to the south of the existing blacktop area behind Jerry's Old West. Mrs. Koltyk has assumed full responsibility for the capital cost of that. Regardless of the eventual outcome of the discussions between the City of Chanhassen and Mrs. Koltyke, Mr. Pauly, and M:r. Bloomberg we will undertake to improve the parking area and provide for parking." Mr. Cairns reiterated that if the city cannot work out a joint agreement someway with Mrs. Koltyk, Mr. Bloomberg, and Mr. Pauly that they have every intention, the agreement provides that Mrs. Koltyk is to continue to add parking, ultimately the city will have additional parking behind the bar. He stated; lito the extent of adding additional parking on the land that we own, I think certainly I can wake that cornmibnent. We can assure you that in the event come sometime next spring and it hasn't been resolved for a joint effort, as conditioned to our operating the I license for the next year I certainly think Mr. Kallestad would agree to commit himself to adding the additional blacktopping on the property that we own. When the time comes to do it we will post a bond but only for our property." A rrotion was made by Councilman Shulstad and seconded by Councilman Kurvers to approve the application for transfer of the liquor license for Jerry's Old West Bar, Inc. conditioned upon deli very to the City Administrator receipt for payment of the second half of real estate taxes, delivery to the City Administrator $1,000 to defray the Kol tyk share of the cost of the parking lot study, engineering, adrninistrati ve and legal costs incurred to date and $500 for costs to be incurred in the future and conditioned upon delivery to the City Administrator the properly executed application for retail on sale of non-intoxicating malt liquor and retail on sale intoxicating liquor licenses. The applicant agree to comply with signage regulations in the City in a timely manner. The following voted in favor: Mayor Klingelhutz, CounciJmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. ECOLOGICAL COMMITTEE RESIGNATION: A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to accept the resignation of Lauren Hillquist with regret. The following voted in favor: M:tyor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. The Administrator will prepare a certificate to be sent to M:r. Hillquist. WESTERN HILLS PARK - FILL PERMIT: Joe Betz, Phyllis Pope, Ronald Berg, and Pat Boyle of the Park and Recreation Commission were present. City Staff recommended the approval of the fill permit as shown on the map presented. I A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to approve the permit conditioned on approval by the Riley Purgatory Creek Watershed District and a statement be received from the City Engineer that the check darn I I I City Co~cil Meeting July 19, 1976 -3- would not cause a problem for other property ownerS in the area. The ;t;ollow,ing VQted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, pnd Kurve;r;-s. No nega,tive votes. Motion carried. CARVER BEACH - GLENDALE DRIVE: The City has received a request to reconsider improvements on Glendale Drive. If the Council wishes to reconsider this a public hearing would be required and the existing contract for the area could not be amended. A separate contract "-Duld be required. Presently the street is being treated as a private access to t"-D properties. If the street were put in the arrount of the assessment on the tvvD parcels would be approximately the same as the rest of the Carver Beach area. Two property owners were present. The City Engineer explained that properties on Glendale Drive would not be assessed for blacktopping if the street is not blacktopped. The difference "-Duld be about $800 on the assessment. The property owners decided to think about it and let the Council know their decision at a later date. A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to table at this time any further action on the improvement of Glendale Drive. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. CARVER BEACH - WEST 67TH STREET: The City has received a petition to extend this street to Powers Blvd. This "-Duld require a public hearing and amendment to the Carver Beach Plan and a new contract "-Duld be let. In addition a new feasibility study "-Duld be required. The assessments would be significantly higher than assessments in other areas of Carver Beach. A rrotion was made by Councilman Shulstad and seconded by Councilman Kurvers that the request for reconsideration of improvements on West 67th Street be referred to the Planning Ccmnission for their review. We request they pay particular attention to previous analysis of what to do with West 67th Street and w::¡rk with the Engineer to corne up with some type of estimated cost. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. PIAN B GOVERNMENT COMMITTEE: Ronald Berg was present to discuss the corrmi ttee ' s findings and reconmendation. The cormnittee recommended the Council place the question of Plan B on the ballot for the November Election. A rrotion was made by Councilman Shulstad and seconded by Councilman Hobbs to table action on Plan B until rrore information on amusement taxing alternatives is presented. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. MJtion carried. The Council thanked the cormnittee for all their work. LAKE SUSAN HILIS - SKETCH PIAN: Ed Dunn was present to discuss his proposal on industrial development south of Highway 5 and east of Audubon. The Planning Conmission held a public hearing on this proposal and approved the sketch plan. The proposal is now before the MetrOfX) Ii tan Council for their review. Council members were generally in favor of the proposal. COUNCIL RESIGNATION: A rrotion was made by Councilman Kurvers and seconded by Councilman Hobbs to accept Councilman Craig Shulstad' s resignation effective August 31, 1976, with regret. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs and Kurvers. Councilman Shulstad did not vote. Motion carried. City Council M2eting July 19, 1976 -4- SPECIAL COUNCIL MEETING: Mayor Klingelhutz called a special meeting for Monday, July 26, 1976. I A rrotion was made by Councilman Kurvers and seconded by Councilman Hobbs to adjourn. The following voted in favor: M:tyor Klingelhutz, Councilmen Hobbs, Shulstad, and Kurvers. No negative votes. .MJtion carried. Meeting adjourned at 11:45 p.m. Con Ashworth Clerk-Administrator I I